Law of Delict exam (2025) comprehensive questions
and verified answers (Detailed & Elaborated) ACTUAL
EXAM 2025 TEST 100% Solved 2025!!
Delict - (ANSWER)Wrongful conduct
The act of a person which in a wrongful and culpable way causes loss, damage to
another.
Requirements of Delict - (ANSWER)Act. Wrongfulness. Fault. Causation. Damage
Delict versus Crime - (ANSWER)Delict- protects public interest. The aggrieved
party institutes the action. Objective- claim damages as compensation. No
attempted Delict
Crime - (ANSWER)Protects public interest. State prosecutes. Punish the criminal.
Can have attempted crime.
Conduct - (ANSWER)Voluntary human commission or omission
Wrongfulness - (ANSWER)For a liability to follow an act prejudice must be caused
in a wrongful or unreasonable manner. Without wrongfulness defendant cannot
be held liable.
Liability for an omission - (ANSWER)Liability follows when the omission was in
fact wrongful, where a legal duty rested on the defendant to act positively to
prevent harm from occurring and he failed to comply with that duty.
,Fault - (ANSWER)Legally blameworthy for having acted wrongfully or did not
conform to the standard of care required by law and thus caused damage through
negligence. Fault - intention and negligence
Causal connection - (ANSWER)Between the act of the defendant and damage
suffered by the plaintiff. The act must have caused the damage or loss.
Damage - (ANSWER)The plaintiff must have suffered damage. Damage can take
two forms. Patrimonial loss - Damnum iniuria datum, that is the reduction of
financial power or injury to personality - iniuria the infringement of an aspect of
personality - good name.
Elements of Conduct - (ANSWER)Human act - even if an animal is used
Human act is present. A juristic person can act through its agents and be held
delictually liable for its actions
Gijzen - (ANSWER)Can occur without there being an act on the part of the
defendant in the case of land subsistence cases. Such an act must be wrongful. An
act and its consequences may be separated from each other, but there always has
to be an act.
Voluntary Conduct - (ANSWER)The act must be performed
Voluntarily, the wrongdoer must have had control over his muscular movements.
It does not have to be willed or desired State versus Russell.
, Commission & Omission - (ANSWER)Conduct can be in the form of Omission or
Commission. Liability for an omission is in general more restricted than liability for
a positive act.
Defense of automatism - (ANSWER)Someone acted mechanically- sleep,
unconscious, fainting, fit, absolute compulsion, if these are present a person is
incapable of controlling his bodily movement- purely mechanical action.
Sane Automatism - (ANSWER)Onus is on the plaintiff to prove that the defendant
has acted voluntarily and therefor not mechanically
Antecedent liability - (ANSWER)Reasonable man would have foreseen the
possibility of causing harm while in a state of automatism
Wrongfulness - (ANSWER)It's a dual investigation: only delictually wrongful when
it has as its consequences the factual infringement of an individual interest. An
act and its
Consequences are always separated by time and Space.
Pinchin Versus Santam Insurance - (ANSWER)Pregnant woman involved in a car
accident, caused by the defendants negligence. Child suffered brain
Damage.
Compensation was
Claimed for the child, judge there was
and verified answers (Detailed & Elaborated) ACTUAL
EXAM 2025 TEST 100% Solved 2025!!
Delict - (ANSWER)Wrongful conduct
The act of a person which in a wrongful and culpable way causes loss, damage to
another.
Requirements of Delict - (ANSWER)Act. Wrongfulness. Fault. Causation. Damage
Delict versus Crime - (ANSWER)Delict- protects public interest. The aggrieved
party institutes the action. Objective- claim damages as compensation. No
attempted Delict
Crime - (ANSWER)Protects public interest. State prosecutes. Punish the criminal.
Can have attempted crime.
Conduct - (ANSWER)Voluntary human commission or omission
Wrongfulness - (ANSWER)For a liability to follow an act prejudice must be caused
in a wrongful or unreasonable manner. Without wrongfulness defendant cannot
be held liable.
Liability for an omission - (ANSWER)Liability follows when the omission was in
fact wrongful, where a legal duty rested on the defendant to act positively to
prevent harm from occurring and he failed to comply with that duty.
,Fault - (ANSWER)Legally blameworthy for having acted wrongfully or did not
conform to the standard of care required by law and thus caused damage through
negligence. Fault - intention and negligence
Causal connection - (ANSWER)Between the act of the defendant and damage
suffered by the plaintiff. The act must have caused the damage or loss.
Damage - (ANSWER)The plaintiff must have suffered damage. Damage can take
two forms. Patrimonial loss - Damnum iniuria datum, that is the reduction of
financial power or injury to personality - iniuria the infringement of an aspect of
personality - good name.
Elements of Conduct - (ANSWER)Human act - even if an animal is used
Human act is present. A juristic person can act through its agents and be held
delictually liable for its actions
Gijzen - (ANSWER)Can occur without there being an act on the part of the
defendant in the case of land subsistence cases. Such an act must be wrongful. An
act and its consequences may be separated from each other, but there always has
to be an act.
Voluntary Conduct - (ANSWER)The act must be performed
Voluntarily, the wrongdoer must have had control over his muscular movements.
It does not have to be willed or desired State versus Russell.
, Commission & Omission - (ANSWER)Conduct can be in the form of Omission or
Commission. Liability for an omission is in general more restricted than liability for
a positive act.
Defense of automatism - (ANSWER)Someone acted mechanically- sleep,
unconscious, fainting, fit, absolute compulsion, if these are present a person is
incapable of controlling his bodily movement- purely mechanical action.
Sane Automatism - (ANSWER)Onus is on the plaintiff to prove that the defendant
has acted voluntarily and therefor not mechanically
Antecedent liability - (ANSWER)Reasonable man would have foreseen the
possibility of causing harm while in a state of automatism
Wrongfulness - (ANSWER)It's a dual investigation: only delictually wrongful when
it has as its consequences the factual infringement of an individual interest. An
act and its
Consequences are always separated by time and Space.
Pinchin Versus Santam Insurance - (ANSWER)Pregnant woman involved in a car
accident, caused by the defendants negligence. Child suffered brain
Damage.
Compensation was
Claimed for the child, judge there was
